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Home My WebLink AboutSETTLEMENT AGREEMENTS AND RELEASES- AMY HANNAH V. RCSO- ISADORA MORALES V. RCSO- PATRICIA FAIRFAX V. RCSO SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and the General Release(hereinafter"Agreement") by and between Amy Hannah, (hereinafter"the Releasor" or"Plaintiff')Augusta Richmond County Sherriffs Office and Augusta Georgia (referred herein as "Sheriffs Office or Releasee"). The term "Releasee"as used herein shall be defined as Augusta Richmond County Sheriffs Office and Augusta, Georgia and all current and former commissioners,employees, servants, agents,officials, insurers,and attorneys, in their official and individual capacities,together with their predecessors,successors and assigns, both jointly and severally. In consideration of the mutual covenants and agreements set forth below,the parties agree as follows: RECITALS This accident occurred on August 18th, 2018.The accident occurred on Wrightsboro Road located in Augusta Georgia.The Deputy(our insured)attempted to make a left turn onto the entrance ramp at 1-520 causing the front of the Plaintiffs vehicle to strike the deputies vehicle. There are no independent witnesses to the accident.The following persons were in the Plaintiffs vehicle: Patricia Fairfax,lsadora Morales,Aryanna Grant, and Aubrie Fairfax.The investigating officer determined that our insured was the at fault driver. Ms. Hannah suffered (1) head pain, (2) back pain, (3)extremity pain and (4) neck pain. She also suffered spinal swelling,various muscle strains and muscle inflammation. It is expected that she will continue to experience neck and back pain for the foreseeable future.To compensate for her injuries, Ms. Hannah is seeking$22,000, (twenty-two thousand dollars). After extensive negotiations,the parties have agreed to a settlement in the amount of$13, 500.00, (thirteen thousand five hundred dollars). The Sheriff's Office and Augusta Georgia denies and continues to deny any liability to the Releasor for claims arising out of Plaintiff's claim. Releasor enters into this Release in order to provide for certain payments in full,final and complete settlement,satisfaction and discharge of any and all past, present or future claims which are, or which might have been the subject of the Claim upon the terms and conditions set forth herein. Releasor desires to release, acquit and forever discharge Augusta Richmond County Sherriff s office and Augusta Georgia their respective past, present, and future employees, partners, officers,directors,shareholders, principals,parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions, agents, representatives,predecessors,successors, insurers,attorneys and assigns (collectively "Releasees"). NOW THEREFORE.Releasor agree as follows: 1. RELEASE BY RELEASOR. In consideration of the payment of$13,500(thirteen thousand five hundred dollars), Releasor has agreed to settle all claims against the Sherriff's Office and Augusta Georgia,the receipt and sufficiency of which is hereby acknowledged, Releasor does hereby fully,finally, and completely release,acquit and forever discharge the Releasees of and from any all past, present or future claims, demands, obligations, lawsuits, actions,causes of action, loss of consortium claims,wrongful death claims, rights,damages, costs, expenses and compensation of any kind or nature whatsoever, known or contract,or other theory of recovery, and regardless of the theory of 2 damages,which Releasor ever had, now have,or which may hereinafter accrue or otherwise be acquired on account of,or in any way growing out of, related to,or arising from, in any manner or fashion,to the Releasor' s claims,alleged violation of failure to maintain a lane, improper lane change or other similar charge.This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. In addition, it is specifically understood that the Payment is intended to compensate the Releasor for injuries,and other general damages including economic and non-economic damages. Releasor specifically agrees that in consideration Releasor releases any and all claims that she ever had, now has or may have for items or damages whether general or specific or punitive or exemplary, based upon, arising out of,relating to,or connected directly or indirectly to this action. 2. RELEASE BY RELEASEES. Except as otherwise provided in any assignment of claims to Releasees, as part of this negotiated settlement agreement Releasees do hereby fully finally and completely remise, release,acquit and forever discharge the Releasor from and all past, present or future claims, demands,obligations, lawsuits, actions,causes of action, rights,damages, costs expenses and compensation of any kind or nature whatsoever, related to this Action. 3. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the compromise of doubtful and disputed claims and that the Payment made is not be construed as an admission of liability, negligence,willful and wanton conduct, or fault of any kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be construed as a compromise and settlement of all issues for purposes of avoiding 3 controversy, litigation and expense. Releasor further agrees that all claims or allegations of fault, liability, negligence,and legal responsibility have been and are denied by Releasees. 4. INDEMINFICATION BY RELEASOR. Releasor, in consideration of the promises set forth herein,the receipt and sufficiency of which is hereby acknowledged,hereby agrees to defend, indemnify and hold harmless Releasees against any and all claims,demands, and causes of action, including, but not limited to claims for contribution and indemnity, based upon allegations of negligence,strict liability or any other allegation of fault by Releasees that are asserted by any person or entity based upon any claim that the Releasor may hereafter make on account of, based upon, relatingto or arisingout of the t Property damage.This indemnification does not apply to any claims assigned to Releasees pursuant to paragraph one above. 5. ATTORNEYS FEES AND COURT COSTS:As between Releasor and Releasees,each party shall bear its own attorney's fees and expenses and court costs incurred in connection with the lawsuit,this Release,the matters and documents referred to herein,the entry of a final judgment and or dismissal and all related matters. 6. RELEASORS REPRESENATJONS AND WARRANTIES: In return for the foregoing consideration,the Releasor hereby warrants and represents that she is the sole owner of any claims, rights,counts, causes of action, obligations and demands released by the Releasor pursuant to this Release and which are in fact, released by the Releasor pursuant to this Release and that no other persons or entities have any interest in any claims, rights,counts,causes of action, obligations or demands which the Releasor 4 releases pursuant to this Release and further covenants that he has not assigned any claims the may have against the Releasees to any person or entity. 7. EXECUTION: Releasor represents and warrants that the person executing this Agreement is duly authorized to do so,that this Agreement constitutes a valid and binding obligation and that he is authorized to act on behalf of all persons or entities described in this Releasee's definition of Releasor concerning all matters addressed in this Agreement. 8. SUCCESSORS:This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 9. ENTIRE AGREEMENT: Releasor hereby agrees and represents that no promise or agreement not herein expressed has been made to her, and that this Release contains the entire understanding of the Releasor regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. SIGNATURES ON FOLLOWING PAGE: 5 IN AGREEMENT HERETO,THE RELEASOR OR HIS REPRSENTATIVE AND THE REPRESENTATIVE OF AUGUSTA GEORGIA SET THEIR HAND AND SEAL. .,. Ilk / AIM IA .... Amy H na � r.lessor) . m,„,... Attorney for Releasor Ramona I. Massey Attorney for Releasor Sworn to and Subscribed This day of September 2019 • 5 •• • • ,„‘„,,,q,„,!,,o , „,,,, „,,,,, ,,,, , , ••,,.,..., ,,,..:,„.„, ,.:,,„, ° Notary Public ' My Commission Expires: ✓� 7 — � � "¢Y�,� ,,,,::",42,,,,,,,,,,,,,,,,,,:,,,''' m ,,� -1( - it if i:l Mayor Hardie Davis for Augus . - .rgia r*— , i Abe. eZtb-&•,9047 • '9 / Clerk of Commission �r 'ugusta Georgia Q • 04 14 fY � a�I ,�r: a05 ua Sworn to and Subscribed 1 o% ,, -k..� 1 r 4%) lib 1,994 11 AM t This //,J EJ day of September 2019 '�a„a„ .a ' 1 . t}RC,6 ` Notary Public '_••�„`�` MO N� My Commission Expires: 02' y a3 JV'l ,''• ��'+f� �1$:".-01A ilk V$ 30 UNJ eN> a 1440 Feb.(tl/4•i 6 +It'''‘BI`:3 N, SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and the General Release (hereinafter"Agreement")by and between isadora Morales,'(hereinafter"the Releasor"or"Plaintiff")Augusta Richmond County Sherriffs Office and Augusta Georgia (referred herein as "Sheriffs Office or Releasee").The term "Releasee" as used herein shall be defined as Augusta Richmond County Sheriffs Office and Augusta, Georgia and all current and former commissioners,employees,servants, agents,officials, insurers, and attorneys, in their official and individual capacities,together with their predecessors,successors and assigns,both jointly and severally. in consideration of the mutual covenants and agreements set forth below, the parties agree as follows: RECITALS This accident occurred on August 18th, 2018.The accident occurred on Wrightsboro Road located in Augusta Georgia.The Deputy(our insured)attempted to make a left turn onto the entrance ramp at 1-520 causing the front of the Plaintiffs vehicle to strike the deputies vehicle. There are no independent witnesses to the accident.The driver was Amy Hannah.The passengers were Patricia Fairfax, Isadora Morales,Aryanna Grant,and Aubrie Fairfax. Ms.Morales is three (3)years old.She was treated for moderate pain.The pain levels are difficult to gauge as she is only three (3)years old. To compensate for her injuries, Ms. Morales 1 Ms.Morales is only 3(three)years old so her parent or guardian will sign in her nlace. seeks$2,500, (Two thousand five-hundred dollars). After extensive negotiations,the parties have agreed to a settlement in the amount of$500.00, (Five hundred dollars). The Sheriffs Office and Augusta Georgia denies and continues to deny any liability to the Releasor for claims arising out of Plaintiffs claim. Releasor enters into this Release in order to provide for certain payments in full,final and complete settlement,satisfaction and discharge of any and all past, present or future claims which are,or which might have been the subject of the Claim upon the terms and conditions set forth herein. Releasor desires to release,acquit and forever discharge Augusta Richmond County Sherriff's office and Augusta Georgia their respective past,present,and future employees, partners, officers, directors, shareholders, principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions, agents, representatives,predecessors, successors, insurers, attorneys and assigns(collectively "Releasees"). NOW THEREFORE, Releasor agree as follows: 1. RELEASE BY RELEASOR. In consideration of the payment of$500 (five hundred dollars), Releasor has agreed to settle all claims against the Sherriffs Office and Augusta Georgia, the receipt and sufficiency of which is hereby acknowledged, Releasor does hereby fully, finally, and completely release, acquit and forever discharge the Releasees of and from any all past,present or future claims,demands,obligations, lawsuits,actions,causes of action,loss of consortium claims, wrongful death claims, rights,damages,costs, expenses and compensation of any kind or nature whatsoever, known or contract, or other theory of recovery,and regardless of the theory of damages,which Releasor ever had, now have,or which may hereinafter accrue or otherwise be acquired on account of,or in any way growing out of, related to, or arising from, in any manner or fashion,to the Releasor's claims, alleged violation of failure to maintain a lane, improper lane change or other similar charge.This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. In addition, it is specifically understood that the Payment is intended to compensate the Releasor for injuries,and other general damages including economic and non-economic damages. Releasor specifically agrees that in consideration Releasor releases any and all claims that she ever had, now has or may have for items or damages whether general or specific or punitive or exemplary, based upon, arising out of, relating to,or connected directly or indirectly to this action. 2. RELEASE BY RELEASEES. Except as otherwise provided in any assignment of claims to Releasees, as part of this negotiated settlement agreement Releasees do hereby fully finally and completely remise, release, acquit and forever discharge the Releasor from and all past, present or future claims, demands,obligations, lawsuits, actions, causes of action, rights, damages, costs expenses and compensation of any kind or nature whatsoever, related to this Action. 3. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the compromise of doubtful and disputed claims and that the Payment made is not be construed as an admission of liability, negligence,willful and wanton conduct,or fault of any kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be construed as a compromise and settlement of all issues for purposes of avoiding controversy, litigation and expense. Releasor further agrees that all claims or allegations of fault, liability, negligence,and legal responsibility have been and are denied by Releasees. 4. INDEMINFICATION BY RELEASOR. Releasor, in consideration of the promises set forth herein,the receipt and sufficiency of which is hereby acknowledged, hereby agrees to defend, indemnify and hold harmless Releasees against any and all claims,demands, and causes of action, including, but not limited to claims for contribution and indemnity, based upon allegations of negligence, strict liability or any other allegation of fault by Releasees that are asserted by any person or entity based upon any claim that the Releasor may hereafter make on account of, based upon, relating to or arising out of the Property damage.This indemnification does not apply to any claims assigned to Releasees pursuant to paragraph one above. 5. ATTORNEYS FEES AND COURT COSTS:As between Releasor and Releasees,each party shall bear its own attorney's fees and expenses and court costs incurred in connection with the lawsuit,this Release,the matters and documents referred to herein,the entry of a final judgment and or dismissal and all related matters. 6. RELEASORS REPRESENATIONS AND WARRANTIES: In return for the foregoing consideration,the Releasor hereby warrants and represents that she is the sole owner of any claims, rights,counts, causes of action, obligations and demands released by the Releasor pursuant to this Release and which are in fact, released by the Releasor pursuant to this Release and that no other persons or entities have any interest in any claims, rights,counts,causes of action,obligations or demands which the Releasor releases pursuant to this Release and further covenants that he has not assigned any claims the may have against the Releasees to any person or entity. 7. EXECUTION: Releasor represents and warrants that the person executing this Agreement is duly authorized to do so,that this Agreement constitutes a valid and binding obligation and that he is authorized to act on behalf of all persons or entities described in this Releasee's definition of Releasor concerning all matters addressed in this Agreement. 8. SUCCESSORS:This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 9. ENTIRE AGREEMENT: Releasor hereby agrees and represents that no promise or agreement not herein expressed has been made to her, and that this Release contains the entire understanding of the Releasor regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. SIGNATURES ON FOLLOWING PAGE: IN AGREEMENT HERETO,THE RELEASOR OR HER REPRSENTATIVE AND THE REPRESENTATIVE OF AUGUSTA GEORGIA SET THEIR HAND AND SEAL Al......:ALL-. A dr ilk Ai k 0 (Isadora ,doMorale 'arrennt) (Releasor) aevv-‘,..... ", 7///6vy).7 Ramona I Massey Attorney for Releasor Sworn to and Subscribed This day of September 2019 (.5-7 -7----Irp , , �t Notary Public `�`eN.`'' , gar aa� s ' €.Y My Commission Expires: 2'2 -�'--,0 ,. f gl- '', ",'„.' '-'-''."' 1 rf�a-:::,:'''''. .%::/' Mayor Hardie Davis for sta Georgia -IN/ �iegoo mink, s. GG'LCGrJV. , Clerk of ommissiodf for ugusta Georgia •` '' �"� p° :, i AP ip i J Sworn to and Subscribed 0 This // day of September 2019 ., ,,. 4,ir ,„, is 000ILIKh' 'v 14:aAL0f7( Z). /-196VatiA66 •.4 111 NW/4449 i.GAZ 40 or Notary Public AOT ,Aa►�� ,. .. '''' ` AV r s My Commission Expires: - 7 02.3 /0 C��.-�,A, v6�`G dpi 1 !u' •% SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and the General Release(hereinafter"Agreement")by and between Patricia Fairfax, (hereinafter"the Releasor" or"Plaintiff")Augusta Richmond County Sherriff's Office and Augusta Georgia (referred herein as "Sheriffs Office or Releasee").The term "Releasee" as used herein shall be defined as Augusta Richmond County Sheriffs Office and Augusta,Georgia and all current and former commissioners, employees, servants, agents,officials, insurers,and attorneys, in their official and individual capacities,together with their predecessors,successors and assigns, both jointly and severally, In consideration of the mutual covenants and agreements set forth below,the parties agree as follows: RECITALS This accident occurred on August 18th 2018.The accident occurred on Wrightsboro Road located in Augusta Georgia.The Deputy(our insured)attempted to make a left turn onto the entrance ramp at 1-520 causing the front of the Plaintiffs vehicle to strike the deputies vehicle. There are no independent witnesses to the accident.The driver was Amy Hannah.The passengers were Patricia Fairfax, Isadora Morales, Aryanna Grant, and Aubrie Fairfax. The investigating officer determined that our insured was the at fault party. Ms. Fairfax sought medical treatment for(1)breast pain, (2)back pain, (3)cervical pain, and (4)abdominal pain. She experienced burning pain in her left breast and tenderness to various bruised areas. To treat her injuries, Ms. Fairfax sought treatment at Augusta Physicians Group. She continues 1 to experience back pain,problems kneeling, bending, lifting, pulling,reaching and difficulty concentrating. Her final diagnosis is that she will continue to experience pain and discomfort. To compensate for her injuries Ms. Fairfax seeks$19,000, (Nineteen thousand dollars). After extensive negotiations the parties have agreed to a settlement in the amount of$10,000, (ten thousand dollars). The Sheriffs Office and Augusta Georgia denies and continues to deny any liability to the Releasor for claims arising out of Plaintiff's claim. Releasor enters into this Release in order to provide for certain payments in full,final and complete settlement, satisfaction and discharge of any and all past, present or future claims which are,or which might have been the subject of the Claim upon the terms and conditions set forth herein. Releasor desires to release, acquit and forever discharge Augusta Richmond County Sherriffs office and Augusta Georgia their respective past,present, and future employees, partners, officers,directors,shareholders, principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates,divisions, agents, representatives, predecessors,successors, insurers,attorneys and assigns(collectively `Releasees"). NOW THEREFORE, Releasor agree as follows: 1. RELEASE BY RELEASOR. In consideration of the payment of$10,000(ten thousand dollars), Releasor has agreed to settle all claims against the Sherriff's Office and Augusta Georgia,the receipt and sufficiency of which is hereby acknowledged, Releasor does hereby fully,finally, and completely release, acquit and forever discharge the Releasees of and from any all past,present or future claims, demands,obligations, lawsuits, actions,causes of action, loss of consortium claims,wrongful death claims, rights, damages, costs, expenses and compensation of any kind or nature whatsoever, known or contract,or other theory of recovery,and regardless of the theory of damages,which Releasor ever had, now have,or which may hereinafter accrue or otherwise be acquired on account of,or in any way growing out of, related to,or arising from, in any manner or fashion,to the Releasor's claims, alleged violation of failure to maintain a lane, improper lane change or other similar charge.This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. In addition,it is specifically understood that the Payment is intended to compensate the Releasor for injuries, and other general damages including economic and non-economic damages. Releasor specifically agrees that in consideration Releasor releases any and all claims that she ever had,now has or may have for items or damages whether general or specific or punitive or exemplary, based upon, arising out of, relating to,or connected directly or indirectly to this action. 2. RELEASE BY RELEASEES. Except as otherwise provided in any assignment of claims to Releasees,as part of this negotiated settlement agreement Releasees do hereby fully finally and completely remise,release, acquit and forever discharge the Releasor from and all past, present or future claims,demands,obligations, lawsuits, actions, causes of action, rights, damages,costs expenses and compensation of any kind or nature whatsoever, related to this Action. 3. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the compromise of doubtful and disputed claims and that the Payment made is not be construed as an admission of liability, negligence,willful and wanton conduct,or fault of any kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be construed as a compromise and settlement of all issues for purposes of avoiding controversy, litigation and expense. Releasor further agrees that all claims or allegations of fault, liability, negligence,and legal responsibility have been and are denied by Releasees. 4. INDEMINFICATION BY RELEASOR. Releasor, in consideration of the promises set forth herein,the receipt and sufficiency of which is hereby acknowledged,hereby agrees to defend, indemnify and hold harmless Releasees against any and all claims, demands, and causes of action, including, but not limited to claims for contribution and indemnity, based upon allegations of negligence,strict liability or any other allegation of fault by Releasees that are asserted by any person or entity based upon any claim that the Releasor may hereafter make on account of, based upon, relating to or arising out of the Property damage.This indemnification does not apply to any claims assigned to Releasees pursuant to paragraph one above. 5. ATTORNEYS FEES AND COURT COSTS:As between Releasor and Releasees,each party shall bear its own attorney's fees and expenses and court costs incurred in connection with the lawsuit,this Release,the matters and documents referred to herein,the entry of a final judgment and or dismissal and all related matters. 6. RELEASORS REPRESENATIONS AND WARRANTIES: In return for the foregoing consideration,the Releasor hereby warrants and represents that she is the sole owner of any claims, rights,counts, causes of action, obligations and demands released by the Releasor pursuant to this Release and which are in fact, released by the Releasor pursuant to this Release and that no other persons or entities have any interest in any claims, rights,counts, causes of action,obligations or demands which the Releasor releases pursuant to this Release and further covenants that he has not assigned any claims the may have against the Releasees to any person or entity. 7. EXECUTION: Releasor represents and warrants that the person executing this Agreement is duly authorized to do so,that this Agreement constitutes a valid and binding obligation and that he is authorized to act on behalf of all persons or entities described in this Releasee's definition of Releasor concerning all matters addressed in this Agreement. 8. SUCCESSORS:This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 9. ENTIRE AGREEMENT; Releasor hereby agrees and represents that no promise or agreement not herein expressed has been made to her, and that this Release contains the entire understanding of the Releasor regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. SIGNATURES ON FOLLOWING PAGE: IN AGREEMENT HERETO.THE RELEASOR OR HIS REPRSENTATIVE AND THE REPRESENTATIVE OF AUGUSTA GEORGIA SET THEIR HAND AND SEAL. Patriciac.„...1)--62,kt cy-tzr.ojciii)?1)." Fairfax(Releasor) .40"-•140...CA i (17.14 ...ag7. Ramona I. Massey Attorney for Releasor Sworn to and Subscribed This D day of September 2019 vO„.w e , is Notary Public ' h , , ,.. C S v My Commission Expires:.tfir- to. — `2 V— �D� ,1 m ''' J Mayor Hardie Davis for Augustausta Georgia t J4. a N /Yee c r t® + ijIPPt ''" ,.°� 0" ORM ./ 7'j17 i Clerk of Co missi• ' f•r Augusta eorgia 1 c t s. a i Sworn to and Subscribed f c�4 SVA This /f day of September 2019 Niti ' txpeNe e_ a .N iologiravik, (t)a. x.&, 13. -r)eki_Lem./20 ,,,,,—,-- ,,,,,,,,,:tpt:4-...- --oes-cp 4, Notary Public ,' + .... „ /� 1 Q My Commission Expires: o2.' 1 o.3 i• AVB ` f?O•